[Download] "State Idaho v. Evelyn Elaine Fuller" by Court of Appeals of Idaho No. 14066 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Evelyn Elaine Fuller
- Author : Court of Appeals of Idaho No. 14066
- Release Date : January 27, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Forty-three days after entry of a judgment of conviction for second degree murder, Evelyn Fuller appealed a twenty-year fixed sentence contained in the judgment. Under I.A.R. 14, a notice of appeal must be filed within 42 days unless an intervening motion has been made which could affect the findings of fact, Conclusions of law or judgment. . . . No such intervening motion was made in this case. Failure to file a timely notice of appeal is a jurisdictional defect which requires dismissal of the appeal. I.A.R. 21. In a well-written supplemental brief, Fuller invites our attention to the fact that the judgment of conviction was followed by an order denying a motion under I.C.R. 35, seeking reduction of the sentence. The Rule 35 motion had been filed fifty-seven days after the judgment. A post-judgment order is deemed included in a proper appeal taken from a judgment of conviction. I.A.R. 17(e). However, Rule 17(e) deals with the subject matter scope of an appeal, and does not extend the time for filing a notice of appeal as prescribed in Rule 14.